New York Notary Public License Law – Key Vocabulary

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Vocabulary flashcards summarizing essential terms, statutes, procedures, and prohibitions in the New York Notary Public License Law, including traditional and electronic notarization requirements.

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63 Terms

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Notary Public

A public officer appointed by the NY Secretary of State to perform notarial acts such as administering oaths, taking affidavits, and certifying acknowledgments.

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Commission Term

Length of time a New York notary public holds office: 4 years.

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Application Fee

Non-refundable $60 fee submitted with the original notary application (Executive Law §131).

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Exam Waiver for Attorneys

New York-admitted attorneys may be commissioned as notaries without taking the notary exam.

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County Clerk Role

Keeps the notary’s commission, oath, and signature on file; may certify a notary’s official character.

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Certificate of Official Character

Document issued by Secretary of State or county clerk attesting to a notary’s authority and signature (Executive Law §132).

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Out-of-State Attorney Notaries

Attorneys living outside NY but maintaining a NY law office are deemed residents of the county where the office is located.

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Executive Law §130

Statute governing appointment, qualifications, and removal of New York notaries public.

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Executive Law §131

Details procedure of appointment, fees, issuance of commissions, and reappointment for notaries.

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Executive Law §135

Lists the general powers and duties of notaries public in New York.

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Electronic Notarial Act

A notarial act performed on an electronic record using authorized audio-video communication technology (Executive Law §135-c).

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Electronic Notary Registration Fee

$60 non-refundable fee to register the capability to perform electronic notarizations (19 NYCRR §182.11).

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Notarial Fee – Traditional

$2 for administering an oath or taking an acknowledgment/proof per person (Executive Law §136).

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Notarial Fee – Electronic

Up to $25 per electronic notarial act, set by regulation (Executive Law §136; 19 NYCRR §182.11).

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Statement of Authority

Requirement that notaries print/stamp their name, "Notary Public, State of New York," county of qualification, and commission expiration beneath their signature (Executive Law §137).

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Personal Appearance Rule

Signer must physically or electronically appear before the notary; remote acknowledgments without appearance are illegal.

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Unauthorized Practice of Law

Notary may not give legal advice, draft legal documents, or advertise powers beyond those granted (Judiciary Law §484).

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Advertising Restriction

Non-attorney notaries advertising in a foreign language must include the disclaimer: "I am not an attorney licensed to practice law…" (Executive Law §135-b).

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Removal or Suspension

Secretary of State may suspend or remove a notary for misconduct after notice and an opportunity to be heard (Executive Law §130).

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Disqualification for Interest

A notary who is a party to or beneficially interested in a transaction cannot notarize that instrument.

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Acknowledgment

Declaratory act by a document signer before a notary that the execution is voluntary; also the notary’s certificate of that act.

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Affidavit

A voluntary written statement sworn before a notary or authorized officer.

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Jurat

The notary certificate stating that an affidavit was sworn to before the notary on a given date.

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Oath

A verbal pledge invoking a supreme being that the statements made are true.

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Affirmation

A solemn declaration made by persons who conscientiously decline taking an oath; legally equivalent to an oath.

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Apostille

Department of State authentication attached to a notarized and county-certified document for international use.

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Attestation Clause

Section, often in wills, where witnesses certify execution; notaries generally do not notarize wills.

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Authentication (Notarial)

County clerk’s certificate verifying a notary’s authority and signature (Executive Law §133).

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Certified Copy (Limit)

New York notaries are NOT authorized to certify copies of public records or legal documents.

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Notary Seal

Seal use is optional in NY; if used, it must identify the notary and the words "Notary Public, State of New York."

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Signature Requirements

Notary must sign exactly the name under which commissioned and add required printed/stamped information (Executive Law §137).

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Venue

The state and county where the notarial act is performed; must appear on every jurat or acknowledgment.

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Schedule of Fees

List of statutory charges for notarial acts, including $2 per oath/acknowledgment and 75¢ for protest of a note.

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Electronic Notary

A commissioned notary who has registered with the Secretary of State to perform electronic notarial acts (19 NYCRR §182.2).

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Satisfactory Evidence of Identity

Proof such as current government ID, personal knowledge, or credible witness required before notarization (19 NYCRR §182.5).

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Credential Analysis

Third-party automated review confirming validity of a signer’s ID for electronic notarization (19 NYCRR §182.6).

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Identity Proofing

Process that verifies a remote signer’s identity to NIST Identity Assurance Level 2 or higher (19 NYCRR §182.7).

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Communication Technology

Audio-video system allowing simultaneous, secure sight and sound for remote notarization (Executive Law §135-c).

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Recordkeeping Period

Notaries must keep required records and any audio-video recordings for at least 10 years (19 NYCRR §182.9).

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Forgery in the Second Degree

Knowingly making a false notarial certificate is a Class D felony (Penal Law §170.10).

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Issuing a False Certificate

Public servant issuing a false official certificate commits a Class E felony (Penal Law §175.40).

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Official Misconduct

Unauthorized act or willful neglect of duty by a public servant; Class A misdemeanor (Penal Law §195.00).

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Duty to Officiate

A notary who refuses a lawful request for an oath or acknowledgment may be guilty of a misdemeanor.

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Prohibited Marriage Acts

Notaries have no authority to solemnize marriages or notarize marriage contracts (Domestic Relations Law §11).

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Safe Deposit Box Opening

Bank may open an overdue box in presence of a notary, who files a sealed inventory (Banking Law §335).

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Deposition Authority

Notaries may take depositions in civil proceedings under CPLR Rule 3113.

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Sunday Restriction

Oaths and acknowledgments may be taken on Sunday, but civil depositions may not.

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Proof by Subscribing Witness

Witness states residence and knowledge of signer; allowed when signer cannot appear (Real Property Law §304).

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Uniform Certificate Form §309-a

Standard wording for acknowledgments taken within New York State.

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Uniform Certificate Form §309-b

Standard wording for acknowledgments taken outside New York for NY real-estate documents.

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Notarial Act (List)

Includes administering oaths, taking acknowledgments, certifying proofs, protesting negotiable instruments, and electronic notarial acts.

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Change of Address Notice

Notary must notify the Secretary of State within 5 days of any name, address, or email change.

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Credential Service Provider

Trusted third party that issues or validates electronic credentials used in identity proofing.

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Personal Knowledge

When a notary can identify a signer based on familiarity; counts as satisfactory evidence of identity.

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Right to Refuse

Notary may refuse a notarization if the signer lacks capacity or if requirements of law are not met.

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Protest

Notary’s written statement that a negotiable instrument was presented for payment/acceptance and refused.

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Seal Usage Fee

When requested, a notary must affix any existing seal to a protest free of charge (Executive Law §135).

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Facsimile County-Clerk Seal

County clerk signatures and seals on notary authentications may be facsimile, stamped, or engraved (Executive Law §134).

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Attest vs. Acknowledge

Attest means witnessing execution; acknowledgment is the signer’s declaration before a notary.

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Subordination Clause

Provision allowing a later mortgage to take priority over an earlier one.

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Lien

Legal claim on property to secure payment of a debt; can affect notarized conveyances.

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Escrow

Deposit of an instrument with a third party to be delivered upon occurrence of a condition.

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Apostille Purpose

Facilitates international recognition of a notarized document among Hague Convention countries.